Except when otherwise provided by law, when the basic fact of a presumption has been established as provided in Section 302 of this Code:
§ 2303.Effect of Presumptions In Civil Cases
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSets the civil-case effect of an established presumption: if the basic fact has probative value the presumed fact is assumed and the opposing party bears the burden of persuasion, but if the basic fact lacks probative value the presumed fact is disregarded once contrary evidence appears.
Full Text of § 2303
1. If the basic fact has any probative value of the existence of the presumed fact, the presumed fact shall be assumed to exist and the burden of persuading the trier of fact of the nonexistence of the presumed fact rests on the party against whom the presumption operates; or
2. If the basic fact does not have any probative value of the existence of the presumed fact, the presumed fact is disregarded when the party against whom the presumption operates introduces evidence which would support a finding of the nonexistence of the presumed fact and the existence of the fact otherwise presumed is then determined from the evidence in the same manner as if no presumption had been operable in the case.
Amendment History
Laws 1978, SB 276, c. 285, § 303, eff. 10/1/1978.
Plain-English Summary
Once the basic fact is established under Section 2302, its effect in a civil case turns on whether the basic fact has probative value toward the presumed fact. If it does, paragraph 1 assumes the presumed fact exists, and shifts the burden of persuading the fact-finder of its nonexistence onto the party the presumption operates against.
If the basic fact has no probative value toward the presumed fact, paragraph 2 takes a weaker approach: the presumed fact gets disregarded as soon as the opposing party introduces evidence that would support a finding it doesn't exist. From there, the fact gets decided on the evidence alone, as though no presumption had ever applied.
Frequently Asked Questions
What happens to a presumption once the basic fact is proven in a civil case?
It depends on whether the basic fact has probative value toward the presumed fact. If it does, the presumed fact is assumed and the burden shifts to the other side to disprove it; if not, the presumed fact is disregarded once contrary evidence appears.
Does a presumption always shift the burden of proof to the other party?
Only when the basic fact has probative value of the presumed fact's existence, under paragraph 1. Otherwise, under paragraph 2, the presumption falls away once contrary evidence comes in.
What is the "bursting bubble" effect some lawyers mention about Oklahoma presumptions?
That's the effect paragraph 2 describes: a presumption resting on a basic fact without probative value disappears as soon as the opposing party offers evidence against the presumed fact, leaving the issue to be decided on the evidence alone.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma presumptions civil cases12 O.S. § 2303burden of persuasion presumption oklahomabursting bubble presumption oklahoma